Asset Forfeiture Unit obtains preservation order in illegal mining case
The Asset Forfeiture Unit of the National Prosecuting Authority (NPA) in the North West has secured a preservation order relating to about 39,058 tonnes of gold-bearing material (GBM) valued at an estimated R16m.
The material is alleged to be the proceeds of unlawful activities and instrumentalities of offences. The order was granted by the North West High Court on Friday.
'The order follows investigations into illegal mining operations between 2016 and 2020. During this period, certain suspects and entities reportedly transported GBM from a dormant mine to a processing plant in Stilfontein, Klerksdorp, where it was refined, contravening the Precious Metals Act,' NPA spokesperson Sivenathi Gunya said.
The suspects allegedly operated without a valid refining licence. The accused had been arrested and are expected to appear in court on July 2.
'The NPA welcomes the court's decision, which marks a significant step in the fight against illegal mining.'
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Daily Maverick
an hour ago
- Daily Maverick
‘A refuge for the connected' — ActionSA slams NPA, calls for Batohi's removal
NPA boss Shamila Batohi continues to face criticism over her leadership, with ActionSA protesting in Tshwane on Thursday, calling for her removal. While the National Prosecuting Authority (NPA) continues to face criticism over its failure to lead successful prosecutions in several high-profile cases, ActionSA staged a protest outside the justice minister's offices in Tshwane on Thursday, 19 June, calling for the removal of NPA boss Shamila Batohi. 'Worryingly, the NPA has become a refuge for the politically connected, a place where accountability is avoided, justice is delayed and prosecutions collapse with alarming regularity,' said ActionSA president Herman Mashaba and the party's parliamentary head Athol Trollip in a joint statement after submitting a memorandum. 'Supported by victims of the NPA's failure to ensure that our criminal justice system protects the public and tackles rampant lawlessness, ActionSA's demand for the removal of advocate Batohi rests on the lived experiences of those who have been failed by a prosecuting body clearly incapable of fulfilling its mandate.' Batohi has faced criticism after several State Capture cases have been thrown out of court. ActionSA supporters emphasised the Timothy Omotoso case, with the Nigerian televangelist walking free in April after being cleared of all 32 charges – including rape and human trafficking. Hlengiwe Zondi, 23, an ActionSA supporter who arrived from Johannesburg, told Daily Maverick that she attended Thursday's protest because she was concerned about what the Omotoso case meant for her own safety. 'I am very scared. I am very scared for myself, for my younger sisters. I am scared for every single girl. 'The release of Omotoso after so much clear evidence against him, for me, was an indication that not a single woman or girl is safe under the current leadership of the NPA … What angers me most is that the leader of the NPA is a woman herself,' Zondi said. Sibongile Msomi, 48, said, 'These are the cases you want to use and set an example to intruders like Omotoso, whose actions amounted to peeing on our sovereignty. He needs to be brought back. 'There will be no shame in the NPA in doing that, failed as they have. In fact, many South Africans would be delighted to see Omotoso brought back to face the music. I did not trust the NPA at all since the Zuma years, but now I hate them for their conduct in the Omotoso and many State Capture cases,' said. Msomi, who said she was not a supporter of ActionSA, urged all South Africans to voice their displeasure with the criminal justice system. 'It only benefits the rich and corners ordinary South Africans,' Msomi said. Omotoso left the country in May and was declared a prohibited person for overstaying his visa and entering SA on a false permit. 'Batohi must go. We need somebody new, hopefully with a much clearer vision and guts,' Tisietso Mofokeng, 39, from the East Rand, said on Thursday. The ActionSA leaders said that while Batohi's 2018 appointment was met with hope that the NPA would move past an era defined by State Capture, 'that hope has curdled into deep public disillusionment'. 'The institution remains directionless, riven by internal factionalism, and wholly unable, or unwilling, to act decisively against either high-level corruption or pervasive violent crime. 'From troubling vacancy rates across provinces and key units within the NPA, to the failure to prosecute any high-profile cases arising from the Zondo Commission, to botched cases involving Timothy Omotoso, Ace Magashule, Moroadi Cholota and Zizi Kodwa, and the apparent laissez-faire approach to consequence management within the institution, the case for the removal of the NDPP is made by her own widely evident failures as the head of the institution. Batohi refuses to step aside Batohi has repeatedly denied that the NPA is in crisis. 'I want to say that, as the NDPP, I will not be stepping down because I believe that we are doing a really good job to serve the people of this country – as we have been – and, particularly, the victims of crime,' Batohi told MPs in Parliament this week. Batohi conceded there were '10 to 12 cases… that the NPA is coming for a lot of flak on'. 'There are legal processes and I urge that we consider these cases individually and consider where is the actual problem. And once we understand the actual problem, make sure we put in place solutions which address the problem,' she said. 'There are huge systemic problems in the criminal justice system. And I want to say that as the national director, I will not be [stepping] down because I believe that we are doing a really good job. And I will continue with my really good team to serve the people of this country,' said Batohi. In a recent SABC interview, Batohi said, 'There certainly have been setbacks and I don't want to underplay that. There've been major setbacks for the institution. But we're dealing with them.' During her presentation to the parliamentary justice committee on Tuesday, Justice Minister Mmamoloko Kubayi said one of the problems facing the NPA was corruption. She said lifestyle audits could help address this. 'With lifestyle audits, we are able to see the patterns. We have agreed that this work will be done and we have committed that it will be started in this financial year,' she said. Batohi's term is set to expire in January 2026, and civil society groups have called on President Cyril Ramaphosa to make the appointment process of her successor public, in a similar fashion to the public interviews Batohi faced before she was appointed. DM

IOL News
12 hours ago
- IOL News
NPA has four months to prepare closing argument's on Luthuli's inquest
The National Prosecuting Authority (NPA), will concluding its work on the Inkosi Albert Luthuli's inquest in October by presenting closing arguments at the Pietermaritzburg High Court. Image: RANJITH KALLY THE ball is now with the National Prosecuting Authority (NPA) advocates to give Judge Nompumelelo Radebe a convincing argument that Inkosi Albert Luthuli was killed by apartheid operatives, not a goods train as it was found soon after he died in 1967. Advocates Ncedile Dunywa, Annah Chuene, Siyabonga Ngcobo, and Xolani Msimango concluded, leading several people with evidence on June 11. Since the beginning of the inquest at the Pietermaritzburg High Court on April 14, the advocates have led an array of witnesses with evidence. Those who testified included South African Police (SAPS) members, Directorate for Priority Crime Investigation (DPCI) officials, scene reconstruction and simulation experts, forensic analysts, medical evidence, family members of Chief Luthuli, anti-apartheid activists, and friends of Luthuli. Former justice minister Jeff Radebe also testified. The matter was postponed from June 11 to October 13, where the advocates would be given until October 16 to give closing arguments. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The same court also postponed on June 17 the inquest on the death of another struggle stalwart, Griffiths Mxenge, who was killed by stabbing in Umlazi on November 19, 1981, to October 9. The Mxenge matter was first postponed on 14 April to give those who felt they might be implicated in his death, who were apartheid police officers at the time, a chance to apply for the government to provide them with legal representatives, as they were employed by the state when Mxenge was killed. The court first postponed Mxenge's matter to June 17, which was the holding date to establish if the officers had succeeded in finding lawyers. On their return on June 17, the court heard that their applications to have the state-provided lawyers were still pending. Since the beginning of Luthuli's inquiry, scores of Luthuli's family members, ANC leaders and supporters have been frequenting the court to hear what caused the death of the president-general of Africa's biggest liberation movement and the Nobel Peace Prize winner. Luthuli died at the age of 69 at the Stanger Hospital on July 21, 1967, hours after he was found with multiple head and upper-body injuries at the railway line Mvoti River bridge. The inquest heard that even his death at the hospital was questionable because he was not afforded proper medical attention that could have saved his life. The NPA instituted an inquiry as there were beliefs that the initial inquest conducted in September 1969 misled the public about the cause of his death. Magistrate C.I. Boswell, who presided over the inquest at the Stanger Magistrate's Court, had concluded that Luthuli had been hit by the goods steam train that was traveling to Durban as he was crossing the bridge to his sugarcane farm. The report indicated that Luthuli might not have heard the train hooting or seen it coming, despite that it was approaching him from the front. Another theory was that Luthuli deliberately ignored the train to kill himself. However, experts who testified before Judge Radebe indicated that Luthuli was likely attacked. The experts were backed by the National Archives Advisory Council chairperson, Sibongile Mnyandu-Nzimande, who testified that her family member witnessed white men assaulting Luthuli with a shovel near the bridge where the train was stationed. Mnyandu-Nzimande told the judge that her relative, who was a messenger transporting documents between Luthuli and her grandfather, was few days later taken away by police to state what he witnessed, but was never found again. At the beginning of the inquest, Dunywa said the outcome of the inquest, held the same year Luthuli died, was not based on fact and evidence, 'but rather on the suppression of justice aimed at ensuring that the perpetrators remained hidden and protected". He said Boswell wrote correspondence on August 4, 1967, preempting the outcome even before the evidence was presented before him. Dunywa stated that Boswell communicated his written opinion to the Secretary of Justice that 'I had to report that an inquest in connection with the death of Albert John Luthuli will be held at Stanger by me on 19 September 1967 at 10 am. 'From the report available at present, I do not expect the finding to be anything other than accidental. The cause of death furnished by the district sergeant might be questioned by the relatives, but I can not anticipate on what grounds the dispute is raised."

The Herald
12 hours ago
- The Herald
90 people found living in Houghton property meant for single family
A rent collector is under arrest while law enforcement officials investigate the slumlord who let out sections of rooms in a house in the affluent area of Houghton, Johannesburg. An estimated 90 people were found on the property, 'living in deplorable conditions, dividing the space with curtains to create makeshift rooms', public safety MMC Mgcini Tshwaku said. The raid was carried out by the city's public safety department and metro police on Wednesday night. Many of the occupants were found to be foreigners. 'They were found to be paying rent to another undocumented foreigner, who reports to a third-party figure, a white male,' according to the MMC. 'The rent collector for the illegal occupants was found hiding in overgrown grass behind the house. 'This discovery adds another layer to the operation, highlighting the organised nature of the illegal settlement and the attempt to conceal evidence,' Tshwaku said. 'The rent collector, now in custody, will face further investigation regarding his role in the operation and potential connections to the orchestrators.' It was not immediately clear whether the property had been abandoned and then hijacked or if the owner was complicit in the illegal overcrowding-for-cash scheme.